Irretrievable breakdown Of marriage

 However the attempt to introduce irretrievable breakdown as a ground of divorce has proved to be vague in the mind of the people. In answer to the first criticism we can say that in india, marriages as they define are made in heaven and solemnized on earth. It is a sacrament of Hindus, Muslim and Christians, husband and wives vow each other and decided to be together for another seven birth also. Few decades ago, Divorce was considered as an evil and it was very limited which sought only under compelling circumstances. By including such clause of irretrievable breakdown it would be a shame and unjust on the part of the country like India where relationships are given the first preference and it would be just to adopt a another theory of westernization. By including this clause it would be very easy for the husband to get rid from their wife and owe no responsibility to them. The second thing which will effect in the process will be children and their maintenance.

As in divorce cases the present and future of the child affects a lot and that innocent person suffers from a huge pain. Indian matrimonial law is generally fault based which means that ground of divorce have to be the fault of either party be it adultery, desertion, or cruelty but there is a mutual consent clause also where neither party is at fault and there is a agreement that the marriage is no longer working. This s good enough reason for divorce if the marriage has broken down, inclusion of this clause can be misplaced and will lead to serious destruction in Indian society. further when we assume that due to unemployment in the Indian society there is always a fear of theft, robbery, etc; thus in the same way when irretrievable breakdown would consider as ground of divorce there would be same chaotic conditions and Some jurists have also expressed their apprehension for introduction of irretrievable breakdown of marriage as a ground for grant of the decree of divorce. In their opinion, such an amendment in the Act would put human ingenuity at a premium and throw wide open the doors to litigation, and will create more problems then are sought to be solved.

As against to the first criticism as irretrievable breakdown Should be considered as a ground of divorce, it is said that Marriage is a social institution and is the first step towards the formation of a family. It gives the people, the much needed support to face the adversaries of life and is a source of happiness for any individual. However, when there is a clash of expectations between individuals and hidden agendas are involved or the mutual trust between partners is broken, the marriage ceases to exist in spirit and remains only on papers. The complexity of modern society and its possible consequences such as fast changing socio economic conditions, the disintegration of the joint family structure, the rapid development of industrialization and urbanization, education and employment and laws giving equal status and rights to women, led a tremendous impact on the institution of marriage. The concept of marriage is moving from a sacrament to a contract.

The spouse should be granted a right to move out of the wedlock if they cannot live together due to extreme situations. Justice Krishna Iyer in the case ofAboobacker v. Manu stated while the stream of life, lived in marital mutuality, may wash away smaller pebbles, what is to happen if intransigent incompatibility of minds break up the flow of stream. Thus, is crystal clear that when the relationship is not going good and unnecessary maintained on papers where the feelings of trust, love does not exist and no scope of recovery of relationship is there it is better to end the relationship, incompatibility is often a major reason for unhappiness. when friends can end their their relationship, why can’t a couple? . However a safety clause can be inserted which would empower the courts to refuse divorce if it is adversely affects the interest of children and a provision should be made for the maintenance for child and wife. It should also include the maintenance of husband and children by the wife because in the changing scenario it’s no more that women sits in four walls of the houses even she is compatible enough to meet the expenses of the family and have a full right for maintenance of her own child. As there are no laws in the favour of men in hindu marriage act and therefore, sometimes it becomes advantageous for opposite spouse to enjoy her rights unnecessary. as In the recent judgement ofVishnu dutt sharma Vs. Manju Sharma where supreme court denied giving divorce on the grounds of irretrievable breakdown because it was not mentioned in HMA 1955. Analysis of the contradictions led to serious revelations. The divorces granted on irretrievable breakdown of marriage were those demanded by wives while the one recently rejected was demanded by a husband.

This is nothing short of discrimination against husbands by the Apex Court and is a defeat of husbands’ human rights. Be it a man or a woman, a right to peaceful and dignified life is an unchallengeable one and has to be respected at any cost. End of marriage is not the end of life and if two people, after having married to each other, are not mutually happy and all means of restoring their marriage have been exhausted, one does not see any reason not to grant them divorce and allow them to move on in life.A relationship is meant to give support to an individual in a social context and not to form a burden and all relationships are quintessentially based on trust. If the trust dies, so does the relation. To introduce the clause of irretriviable breakdown of marriage as a ground of divorce, in the amendment bill, it could be introduced that that:

The right to apply for divorce on the grounds that cohabitation has not been resumed for a space of two years or more after passing of a decree for judicial seperation, or on the ground that conjugal life has not been resorted after expiry of two years or from the date of decree for restitution of conjugal rights should be available to both husband and the wife, as in such cases it is clear that the marriage has proved a complete failure. There is, therefore, no justification for making the right available only to the party who has obtained the decree in each case .It is needless to mention that Jurist, academicians and courts as well as the law commission of India have recommended that irretriviable breakdown of marriage be made a ground of divorce.